Page:Police Force Act 2004.pdf/83

Rh Jurisdiction of court

113.—(1) Nothing in this Act shall affect the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence.

(2) Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court shall be debarred from trying him subsequently for an offence substantially the same as that offence.

(3) Except as provided in subsections (2) and (5) and section 115, nothing in this Act shall be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence.

(4) For the purposes of this section, a case shall be deemed to have been dealt with by a disciplinary officer notwithstanding that the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof.

(5) A person subject to this Act shall not be tried by a court for any service offence unless the Public Prosecutor has given his consent for the trial.

(6) Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.

Persons not to be disciplined for offence already disposed of

114. Where a person subject to this Act—
 * (a) has been tried for a service offence by a court; or
 * (b) has had a service offence committed by him taken into consideration by the court in sentencing him,

he shall not be liable in respect of that offence to be dealt with and punished by a disciplinary officer under this Act.

Limitation of time for offences under Act

115.—(1) Subject to subsection (2) and except in respect of the service offences mentioned in subsection (3), no person shall be liable to be tried